Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915, November 22, 1900, Image 1

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    'T 0mmt-
NO. 40.
Text of Commission's Opinion Given
to the Local Land Officials
Captain John Hullan, Washington Attorney l or the Settlers, I Still Con
(Ident of Victory In tho End, and the Settlers, Itellevlnjt In the Right
eousncss of Their Cause, feel Hopeful of Winning f inally.
WaIIV;TO. I), t!., Ni.V. K I'.HKt. )
J. I.. Mnldiow rr ai.. 1
Kpnismi ami Ur:tvH, I.AKKVlfcW-,
liiKooN : Sir The hiiul iiivi.lvcd in
thi ca'o lire mainly embraced in ap
proved w inn phiml list miniU-r .'lo and
.'11, the approval of which lil wa re
okei and riiiii-i-)i-l lV ilepurt mental de
cision of March 2, I I I,
The Coiiiiiii ifci'iin r here give n lit of
tlie lot iiinl piece of land included in
lii-t .'to iimt ."!, t 1 1 i i -1 1 we omit owing
to it Voliimii. ou-i. . I'.n. E x Aiiivi ii.
lli the cum- of Mm row et ill v. State
of llnvoii ih-. i.l id May I I, iH'.fi :'s ,.
I H'tih. t lie Si-i-n-larv vucili-d 1 .nr t
inehtal ili-ro-lon of MereinU-r l!. 1!'
October hi. ivij, Miel Aitk"it -I. I S'ot.
mid net a-i'li' nil (h-i'i-iniiH ri-Kpi-ctint; the
li.irac l.-r of I land-, or any of them, j
I heretofore li-iiilered by tile Ilepurt-
llient, tin oil. 1 1- or the di-tti. I I. in. I j
otli , mid (lin-cti-l that n hearinit be
t, lu-bl before ynti. jifler due eotli li thj
StiitD and it grantee, and all advere
cl.tiiiiantH, to b inlui'li'il in aci-oiilanre
with the Hlipiilalioii, in iiiint', tiled by
coiiiiM-l f.,r the repeilive parlie, May
4, Ihir.l; urn!, that ill addition to the
hl'iil i-llil'iaci-d in lits MO and .'II , mid
ln-aimu' and pr m i-i'iIiiik"- i-hnll exti-nd to
lllld iliciilde ll ! V lllld III! hllldn .If .ii'l ilifd
in the Htipulatioii of May 4. IS'i'.l.
The fiillnu in tract of hind meliot
im liidi'd in h.ild approved Ii-Im, but lire
, cinbi ii.-ed in the uiitteit htipl.latioti :
Tract in to m-lnp :i'.l muili of r.-me
IMi-a-t; township 40 huh t Ii of iiiiil'c 24
eut ; town-hip 'Mi wouih of ranjie l.'."
eiiNt ; tottiifhip ') Koiith of ratine l?r)
riiHl. I'i--rripti'H) of huidn jiven in
the decinioii oinitted hero on account of
it VollllllillollSlie. Ki. Cxaminku
The N' of SY4 mid SV'4 of SY'4,
section 10, T. "A: S., U. 'JO II., v.-ere in
cluded in approved lii-t No. 31, but mo
omitted from tho ktipultitioti. It in ulo
found thut tho Sl-:l4', N '.j of SV4 and
S'"4 of KV'4 Heetion II. T. 40 S., U. 24
K.t included in the Mipulation, were
patented to the Hate hh swamp html
March 2.r, lM'.M).
I?y depart mental ih-ciriion of )eeeiiiber
ll, IStKi (17 L. 571), which d.vinion
whh vacated by the deciHiou of May 13,
110, mipra it wait held that the landa
included in HnIh .'!0 and 31 were, in the
main, covered by the witter of nnttp
Jiltreiilly permanent luku, uud tlio qiiea
tion as to whether hid i land were, in
1KI!), in a permanent uki, appears to
have been the contontion at tho trial
liad lM-foro yuti in compliance w ith the
inatruetioii contuincd in the ileciHimt of
May 13, lH'.M), and in the stipulation of
May 4, 1H1KI.
The hearing for the ciiho was set for
July 17, lHli',1, on which day the parties
up poured and proceeded to trial, which
terminated August 23, lHD'J, after w hich
written anil oral arguments were pre
sented. On February 8, 1IKK), you ren
dered an opinion thut the lund involved
was, on March 12, lHtiO, the bod 'of an
apparently permanent lake. From your
decision an appeal wit filed.
Township 3D 8., Ititugos 24 and 25 E.
were first surveyed in June, 1875, by
James II. Evans, the pluts of which
were approved January 3, 1K7(1, and T.
40 H., It. 24 1-:., was II rut surveyed in
August, 187U, by llyara and Ciray, the
plat of which was approved November
19, 187U. A considerable portion of
each of the townships la shown by such
urvcys to he in what ia designated a
Warner Luke. In A uplift ami Septcm
licr, hh7, a re'irvey of tho township
wiiN made by John II. Ne! an ) the pint
of uch survey were approved June 1
ISH. The surveys of Neal were made
in compliance with InMmctioii con
tained in departmental leciion of Jan
uary 17. HH7 15 I.. I)., :!.;. Tim land
In the tnH linhlp" in i'lentioli returned by
Mr. Neul, which were hIioh n by the
former surveys to be in the lake, amount
ed to W.OI t .'Jlt aeren ill T. 3!t S., U. 21 E. ;
.27'..2!l acre in T. 40 S., !:. 21 V, , and
2. HOI. 7.1 acre in T. 3H S., U 25 K., and
the laml involved in the cae tinder
CMtiM.i-rtioii are, in the main, thoe
iIihi1,.-vi by the survey of Neal. The
ti-tiinoiiy in the caw com-inl of the
evidi-iice of a inimher of w itnenc iu-
troduced at toe heat ing, together w ith a
j laru'c number of i xhibil, beiuv; copie
I ol the lif'iiiioiiy or ex I ract t herefrom.
iiitriluccd at f. inner ln-urinM involving
jce'ltaili piece of thetaml.
j None of the wittien-e introduced at
the hciU'iiiL' knew the laud in Ihi.'.I,
' j thoin;h one of them claimed to have
know ii the land in nod iniul licr ill
! I si .i i .
l'eler IVtcrsou first saw the land iu were not in 1 S covered by the waters
that vicinity in May or June, 104 ; he,,f iM.ruiaueiit lake, and voiir decision
saw it from the mountain, and be was
;iii the immediate vicinity in .lalv, 1Hi.
lie tewti.'iei that it waa then a title marsh
interspersed ith open streaks of water.
When he tirst knew it there were great
bed of old tali's, the accumulation of
jear. with new growth springing up.
Such was th growth all over the marsh
in IK I-i . He never saw the water so
high a ii wa then. '1 he water would
recede with the approach of the dry
I. H. Jonc lirst knew the laud in Oc
tober, lsiiil, and what was designated as
a lake by the early surveys had the ap
pearance of an extensive tulo marsh.
The w inter of lSiii-li7 wus a severe one,
ami there was high water the follow ing j
season. lie think tlie wiiltn ot tlie
marsh was fnnn three, to live mile.
The tides had the appearance of having
grown for ages, had lallen down and
hipped over and been intertw ined w ith
new growth, forming a mat of old stuff
and vegetation from one to four feet
W. C. Hale knew the lund from 1872
to 1870; it was an immense marsh and
not a lake; he testified that the marsh
would overllow in the spring and con
tinue until about the 1st of July, when
the water would gradually recede. The
llow if the water in the marsh was to
the north ; that its flow was retarded by
the dead tules forming or acting as a
dam ; that none of the land could have
been cultivated in 1S72 on account of its
swampy character; that the soil is much
more compact now than it was formerly,
owing to the tramping of cuttle, the
burning of the old tules and the use of
the waters of Deep creek for irrigating
purpose i.
There were several other witnesses,
who, in the main, corroborated tho tes
timony indicated uhove. Quite a nuiii
lair of witnesses were introduced on be
half of Morrow et al., but it would ap
I veil r that the allegation that the land
wus in reality a lake in 1800, is based
largely on tho testimony of the State's
witnesses, who appeared at former hear
ings. Such testimony appears some
what contradictory to that tcstilled by
the same witnesses at tho present trial,
and wore it necessury, in deciding the
present case, that such apparent con
tradictious should be harmonized, it
would be difficult and impracticable.
It is shown, however, by the testi
mony of a practical surveyor, George S.
Kickerson, jhat a lino of levels wus run
from the southwest corner of section 18,
T. 40 8., K. 24 E., lo tho stone bridge,
i. i .....:..., it -r 47 l: w nt v
which linn run through the marsh, i
if Kmsible, if not by the best practicable I
rotito. Tho distance was shout twenty-
nine mile Htid the mtcr level at the
stone bridge wan .12. .'15 feet Im-Iow
level at the starting siint, I ho greatest i
fall l-ing in the first five mile of 15.6;
It would ln a physical impossibility
for a permanent lxly of water, such an
. I..L.. ... t ....i .i... i i : '
tionwheretho fall is a r, Ht aa that
shown ly the levels run by I he surveyor.
Hi probable that, in certain N-awiiii,
after a winter of unusual snow fall, the
wliolu valley would lie covered with
water to a greater or lesser depth, hut
with the fall indicated stn-h water luuat,
of necessity, have soon sought itii lower
level. The testimony adduced at thr
' hearing,
also the plat of survey,
show a 'mail lake in T. 3i S., U. 24 E.,
and another one in T. 38 S.. U. 24 E.,
though the htr(.'e lake or hikes, now
dcHicnated a Warner I-ake, i still fur
ther north. j
It is probable that the overflow in the
valley continues for a shorter ieril of the road on from Ternio, "tho ten thf.m
htte years than it did formerly, but the ! and dollar mountain of folly in tie
reason therefor is suped to be the ' deM-rt," to some desirable jmint north, j that one or more carloads of tents, scrap
trainpini; of cattle and ho-, which have Kuuiors are rife, as is common, regard- j ers, tools etc, were to- be unloaded there
pa-t'ired in the valley for the last twenty ; i"g the extension so-ne sayinir, un- immediately for the purpose of Ix-gin-years
or more. It is in evidence that authoritatively, however, that the new i ning work on- the exteiiMon of tlie road,
during the nentions l-tween 1H70 and manager is prejiaring to build 225 miles j We were informed two weeks aao that
lM'si some 7,000 or 8.(XHJ cattle, and proh- i road next year, while otlwr think parties had lieen trying to procure stock,
ably as many ho, were kept in the the extension will only reach Likely. for the work, hut inquiry failed to sub
valley each season. In the winter sea- j Only last week a rumor reached Lake- stantiate the information, so we did not
sou the slis k would range over the lake ; view that arrangements had U-eii jut- publish it."
or marsh and would f 1 off the tules, ! fee ted, and pajiers filed, to build the m
rit and seed. Were all the land in
cluded in a permanent lake it would
seem iiiiisible for such an immeme
number of live tock to exist upon the
vegetation which might grow therein.
After a carefu' consideration of all the
testimony submitted in hi case, 1 must ' is termin i. The I'laindealer feels Be
hold ai;d decide that tho lands involved sured in telling it readers that "(he
t i .therefore, reversed nnd tho ajmeal
' SUfUiued.
I pi'Ftu;ned.
IIlnof.r Dckmanv, Commissioner.
In connection w ith the almve. it may
e well to add that the settlers of War -
lu-r valley, who are deeply interested in
the outcome of this laml contest, which
involve their homes and the work of
the best part of their lives, are not cast
down or in tiny wise troubled over the
adverse decision, but, believing in the
righteousness of their cause, aie con
fident of victory when the case reaches
the highest tribunal this side of Heaven.
Captain John Mullaii, the tiuishod land
lawyer and attorney for the settlers-,
shares the same feeling wilh his cliental.
A sprinkle of rain on Friday.
Saturday, more storm threatened.
Sunday, cool with a few spits of snow
Dr. Witham made a professional visit
to the residence of Jack I'a tin at Sum
mer Lake last week. Jack is tlie happy
"Daddy" of a 10 pound boy.
Tho Woodmen and Women of Wood
craft of Paisley are to dedicate their
new hall on Wednesday evening, Nov.
28th, the dedication ceremony to be
followed by a grand ball. See notice in
this issue tinder heading "W. O. W.
Hall Dedication." Woodmen and their
wives of I.ukeview are cordiully invited
and their presence is requested.
The first month of school was finished
on lust Friday and the work seems to be
quite satisfactory.
Mrs. Ed Cireon is repqrted down with
the measles.
J. K. McCormack and family paid a
visit to Paisley during' tho I.akeview
vacation. J. K. returned on Saturday
to Lukeview leaving the family here for
the present.
Uev. Craig of Klamath Fulls, preuched
on Sunday night to a giMsl sized and at
tentive audience, ltuv. Craig is here
for the purpose of looking over tho pros
pect of organising a lodge of the A. O.
U. W.
The W. O. W. hall will be initiated
witli a Grand Hull on the night preced
ing Thanksgiving.
The hunters made another slaughter
ing of ducks on Sunday.
Paisley, Nov. 18, 11)00. Ohbkkvkk.
Will Extend the
and Oregon Railway in Spring
' "
vominj nonn Aixer more misiness,
lowing Stockmen to Drive Such a
rew manager Wants
The Alturaa IMaindealer is very happy
and enthusiastic over what it tn-lievesto
be a "dead shot" for a railroad to the
shire town of Modoc. And appearance
five jutice to the enthusiasm of the edi
tor, for if all reports are true General
Manager Iunaway of the Nevada, Cali
fornia and Oregon liailway is going to
revolutionize railway matter and show
his ability as a railroad man by pushing
road to the (regon and California state ne,n Kur-ir
line ut New l'ii.e Creek, win h would be I A telegram from Eugene last Werl
the terniinu for a time, at least. The i nesday says that a force of engineers has
Examiner firmly tielieves, however, that j U'gun the final survey for the Southern
the N. I'-.Vi O. will build on until it . j I'aciric Company of the connection be
n ache Itkeview where it will make ' twt-ii the Springfield branch arid the
day of hailing freight lo Alturas by
! wagon teams are alsiut numbered. The
1 snort of the steam horse will soon tie -
! collie & familiar hound to
i our ears.
turas will within a very short time lie a
shipping point for nil this northern!
country." That paper further says:
j "W. 1$. Lubner, general route agent
for the Well Farg.i Express Company
was in Alturas last Saiurdav attending
to matteis connected w ith the new otlice
of that company which bus just been es-!
tablished herewith M. I'inkney asagent.
In conversation with a I'laiudeuler repre-
Si '
Prum Tlie New Em.
One of the prettiest weddings of the
season took place at the home of J. W. j
Pope, near Can by last Saturday, at 12
o'clock M., when Floyd M. Auble and
Miss llertie Pope were united in the
holy bonds of Wedlock, by Rev. Harry
Mrs. K. M. Kussill, who has been
visiting relatives in Sacramento and
Lodi for several weeks, sent a large box
of chrysanthemums to her sister Mrs.
Gomez, last week, which were some of
the most gorgeous and beautiful flowers
of that class that we ever saw.
Chas. Oliver, Will Kirkpatirick and
Albert Fleming, of Goose Lake valley,
returned from the Sacramento valley last
Tuesday. Mr. Oliver took a band of
cattle down there some weeks ago, but
wus unable to sell them for the price he
thought they were worth, to left them
there on pasture for a while.
E. P. Sessions of Bidwell, was here
last Monday on his way home from the
railroad. Mr. Sessions recently took
his daughter, Miss Cora Sessions to the
city where she selected her a beautiful
high grade piano. Miss Sessions spent
several months below a year ago study
ing music.
I4ist Wednesday night w hen the court
house bell rang,' summoning the court
and otlice rs to the court room, all arriv
ed except County Clerk Smith and
Court Reporter llogors, who failed to
show up. Upon their arrival, Judge
Harrington fined each $25 or 48 hours in
jail. The boys claim they were locked
in the clerk's otlice and could not get
out. They both went to jail.
Nevada, California
as the Koad is Losing noney In Al-
Long Distance For Transportation.
the Long Haul to Market.
tentative he said that he had been in-
formed by Manager Dur.away of he
N. C. & O. Haiiway Company that the
road would be tx tended immediately
and that the Company did not propose
to have stock driven along the road
when it could just as well be shipped in
N.-O.-O. cars.
Upon his arrival here from Tor mo last
Sunday evening Jasper Janes, the team
ster informed a i'laindealer reporter
that he was informed while at Ternio
main line. The connection will be from
Springfield to Henderson, a distance of
alsiut two miles, in which distance the
Willamette River has to be crossed. A
1 fine stoei bridge
will . tK built, .which.
j wil be the principal expense of the cull-.
I uectioii.' joining the main road
with the.
branch which runs up the cast side of
the Valley from Woodburn, and the
branch recently built to Wendling, is
the ground for the rumor that it is
j the intention of the company to build a
line through the southeastern portion of
the state at no very distant day. This
has been talked of for 15 years past.
-- .
From The Kecord.
The family of Mr. and Mrs. W. S.
Stevens, of Eagleville, has had more
than its share of sickness of late, and all
from the dreaded typhoid fever. A few
weeks ago Mrs. Gibson, their daughter,
was taken down with the dreaded
disease, then the illness of Miss Maud
Stevens and little Pearl Gibson followed
in turn by Everett and Jacob, their two
sons, the latter of whom died last Fri
day. The disease seems to have taken
the same run in Mr. George Penland'a ,
family some weeks ago, in which two
deaths resulted. The bereaved onea
have the sympathy of the entire com
munity in their sad misfortune.
MissGracie Rinehart returned this
week from an extended visit to Mrs. W.
Duncan. We are pleased to state that
Misa Gracie has almost entirely recover
ed from her serious illness.
Chas. Cummins and wife returned la6t
week from the lower country, where he
took a band of cattle some time ago.
The cattle were sold at good prices.
Mrs. Cummins has regained her health
and feels fine after her trip.
While some children were playing
here yesterdaj one of them lighted a
match from which the clothes of Mrs.
G. L. Wright's little girl caught fire and
before it could be extinguished the little
one was badly, but not dangerously,
burned about the body.
The telegraph operator at Alturas tele
graphed 0ierator Boyd yesterday morn
ing that two feet of snow had fallen
there, and "another foot in sight."
Surprise valley has also had a heavy